[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Notices]
[Page 19651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10404]



[[Page 19651]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 97-028; Notice 1]


Cooper Tire & Rubber Company; Receipt of Application for Decision 
of Inconsequential Noncompliance

    Cooper Tire & Rubber Company (Cooper) has determined that some of 
its tires fail to comply with the labeling requirements of 49 CFR 
571.119, Federal Motor Vehicle Safety Standard (FMVSS) No. 119, ``New 
Pneumatic Tires for Vehicles Other Than Passenger Cars,'' and has filed 
an appropriate report pursuant to 49 CFR Part 573, ``Defect and 
Noncompliance Reports.'' Cooper has also applied to be exempted from 
the notification and remedy requirements of 49 U.S.C. Chapter 301--
``Motor Vehicle Safety'' on the basis that the noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the application.
    Paragraphs S6.5(d)(j) of FMVSS No. 119, ``Tire markings,'' requires 
that tires be marked on each sidewall with the maximum load rating and 
corresponding inflation pressure of the tire and the letter designating 
the tire load range. The markings shall be placed between the maximum 
section width (exclusive of sidewall decorations or curb ribs) and the 
bead on at least one sidewall, unless the maximum section width of the 
tire is located in an area which is not more than one-fourth of the 
distance from the bead to the shoulder of the tire. If the maximum 
section width falls within that area, the markings shall appear between 
the bead and a point one-half the distance from the bead to the 
shoulder of the tire, on at least one sidewall.
    Cooper's description of the noncompliance follows:

    Our [Cooper] Findlay, Ohio, tire manufacturing facility had one 
mold in production during the forty-seventh and forty-eighth 
production weeks of 1996 in which, on the serial side, there was an 
incorrect load and inflation plate for the tire being produced.
    The involved tires were the Dean Wildcat Radial LT 235/85R16, 
tubeless, outline white letters, 10 ply rating, and load range E.
    The incorrect plate read ``LOAD RANGE D MAX. LOAD SINGLE 1190 kg 
(2623 LBS) AT 450 kPa (65 P.S.I.) COLD (8 PLY RATING) MAX. LOAD DUAL 
1080 kg (2381 LBS) AT 450 kPa (65 P.S.I.) COLD.'' The correct 
information should have been ``LOAD RANGE E MAX. LOAD SINGLE 1380 kg 
(3042 LBS) AT 550 kPa (80 P.S.I.) COLD (10 PLY RATING) MAX. LOAD 
DUAL 1260 kg (2778 LBS) AT 550 kPa (80 P.S.I.) COLD.
    The involved tires have the correct load and inflation 
information on the non-serial side which is the side with the 
outline white letters. In addition, each tire had a paper tread 
label affixed to it reflecting the correct load information as set 
forth on Attachment A. [Copy available in the National Highway 
Traffic Safety Administration Docket Section.]
    There were a total of five hundred fifty-three (553) tires 
produced with the incorrect load and inflation information on the 
non-serial side of the tire during the forty-seventh and forty-
eighth production periods. Forty-eight (48) of the involved tires 
have been accounted for in Cooper's inventory, leaving five hundred 
five (505) tires not accounted for in Cooper's inventory.
    The involved tires produced from this mold during the 
aforementioned production periods comply with all other requirements 
of 49 CFR 571.

    Cooper supported its application for inconsequential noncompliance 
with the following:

    We [Cooper] submit that the noncompliance with the standard 
established under 15 U.S.C. is inconsequential as it relates to 
motor vehicle safety because it is (i) correctly stated on the non-
serial side and on the paper tread label and (ii) the incorrect load 
range and inflation information is within the design parameters of 
the tire and would not result in any overloading or overinflation of 
the involved tires.
    The forty-eight (48) tires in Cooper's inventory will be re-
stamped with the correct load and inflation information.

    Interested persons are invited to submit written data, views, and 
arguments on the application of Cooper, described above. Comments 
should refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW, Washington, D.C., 20590. It is requested but not required 
that six copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible.
    When the application is granted or denied, the notice will be 
published in the Federal Register pursuant to the authority indicated 
below.
    Comment closing date: May 22, 1997.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
501.8)

    Issued on: April 17, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-10404 Filed 4-21-97; 8:45 am]
BILLING CODE 4910-59-P